Investigation into fatal shooting of Mesa mother could face legal hurdles, expert says

Arizona's Castle Doctrine could determine prosecution of agent involved in Mesa shooting death

Mesa Police have submitted charges in the killing of a mother of seven, but the decision to prosecute to an investigator with the Arizona Attorney General's Office rests with the Maricopa County Attorney. FOX 10's Taylor Wirtz reports.

MESA, Ariz. - Two weeks after Maria Lewis was shot and killed on her neighbor’s porch, new internal documents from the Attorney General’s Office are shedding light on the Mesa Police Department's investigation into the incident.

What we know:

While police have recommended a charge of negligent homicide against Dulance Morin, legal experts suggest the case faces significant hurdles due to Arizona’s self-defense statutes.

Under the state’s "Castle Doctrine," an individual is permitted to use deadly force if they reasonably believe it is necessary to protect their home or family from an intruder or threat. As the Maricopa County Attorney’s Office reviews whether to formally charge Morin, prosecutors would be required to prove the case beyond a reasonable doubt against a claim of self-defense.

Dig deeper:

Criminal Defense Attorney Ben Taylor noted that several details in the case could bolster Morin’s defense. The shooting occurred around 2:30 a.m., a factor Taylor said supports a claim of feeling threatened. Additionally, reports indicate Lewis was heard claiming she had a weapon, and Mesa police stated she may have been intoxicated at the time.

"If it's alleged that the victim was intoxicated and was arguing with her husband prior to this, an intoxicated person knocking on somebody's door late at night, I can see the county attorneys might not bring any sort of charges here because of the castle doctrine," Taylor said. "And because of your right have a right to defend your home and your family because this is the alleged victim here was knocking on the defendant's door late at night so i think i'll be highly surprised if the county attorney's office decides to bring this charge unless there's evidence that shows that the defendant lied about the shooting or we're trying to cover something up."

Internal documents also referenced neighbor-recorded video of people yelling shortly before the shooting. Police believe the audio may capture an argument between Lewis and her husband before she left her home.

The backstory:

Mesa Police announced March 13 that they submitted the negligent homicide charge based on probable cause. 

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Stand Your Ground laws may impact charges in Mesa porch shooting as 'odd' details emerge

Mesa police recommended charges against AG agent Dulance Morin in the shooting death of neighbor Maria Lewis. Lewis, a mother of seven, was found on Morin's porch.

Forty-seven-year-old Dulance Morin, a longtime special agent for the AG’s office, is accused of fatally shooting 32-year-old Maria Lewis on February 28. Around 2 a.m. that night, Lewis reportedly got into an argument with her husband, left, and at some point, ended up at the doorstep of her next-door neighbor, Morin. 

At 2:40 a.m., Morin’s family was woken up by aggressive banging and yelling at their front door. According to a memo, Morin warned the person he was armed and heard Lewis yell back that she was armed, too. Morin says he was holding his gun and it went off, but he later called the shooting an accident.

Just after 3 a.m., first responders arrived at the scene and pronounced Lewis dead. Mesa's investigation discovered several "odd" details at the scene:

• There was no physical damage to the front door, yet a bullet casing was found outside.
• A rock found near the body contained Lewis' DNA, though it did not match any stones in the neighborhood.
• Morin’s front door Ring camera was broken, and while police seized other cameras, none captured the shooting.

What they're saying:

Arizona Attorney General Kris Mayes issued a statement following the submission of charges.

"I trust that the review of Mesa PD’s investigation will be thorough and that MCAO will consider all available evidence before making any determinations." 

What's next:

Mayes said that Morin will remain on administrative leave pending the outcome and expressed that her thoughts are with both families. The final decision on the charges now rests with the Maricopa County Attorney’s Office.